GOOD MORNING!. ALABAMA LWCF/RTP PROGRAMS FY2012 COMPLIANCE TRAINING. RECREATION PROGRAMS. LAND AND WATER CONSERVATION FUND RECREATIONAL TRAILS PROGRAM Rob Grant – (334) 242-5483 [email protected] ADECA. Alabama Department of Economic and Community Affairs
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ALABAMA LWCF/RTP PROGRAMS
FY2012 COMPLIANCE TRAINING
Alabama Department of Economic and Community Affairs
Jim Byard, Jr., Director
Community & Economic Development Division
Bea Forniss, Division Chief
NO DEBT OF STATE
CONFLICT OF INTEREST
….By law, the Secretary shall approve such conversion only if he finds it to be in accord with the then existing Statewide Comprehensive Outdoor Recreation Plan and only under such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.
OPERATION AND MAINTENANCE
Part I - Definitions
Part II - Continuing Assurances
A. Subgrantee shall meet following requirements
B. Property shall not be converted
C. Repayment of grant funds inadequate compensation
D. Incorporation of Recreational Programs Administrative Manual
(Part II Continued)
E. Property & facilities shall be operated and maintained as prescribed by LWCF or RTP requirements.
F. Permanent record shall be kept in its public property records and available for public inspection.
Part III--Project Assurances (Units of State and Local Government)
Part III-- Project Assurances (Non-Profit Organizations)
2 CFR Part 230 (OMB Circular A-122, with attachments)
CAN BE FOUND AT:
B. Project Application
C. Project Execution
Project Execution Continued
Project Execution Continued
D. Construction Contracted for by the Subgrantee
E. Record Retention and Custodial Requirements
F. Project Termination
Project Termination Continued
G. Lobbying with Appropriated Funds
H. Provision of a Drug-Free Workplace
I. Civil Rights Assurance
J. Debarment and Suspension
(System for Award Management) at
Must submit number for ADECA to verify
YOUR GRANT AGREEMENT DOCUMENTS WILL BE MAILED TO THE CHIEF ELECTED OFFICIAL
IN 7-10 DAYS (UNLESS THERE ARE ANY OUTSTANDING ENVIRONMENTAL ISSUES). THE PERIOD OF PERFORMANCE WILL BEGIN ON
THE DATE OF FEDERAL APPROVAL AND WILL END NOVEMBER 1, 2014.
Go to www.adeca.alabama.gov
Divisions – Community and Economic Development Division – Recreation and Conservation Unit
Federal law that deals “with the rights and
privileges of property owners and tenants”
Visit this site! It’s a wealth of information for all types of trails and recreation facilities!
As long as the surface is “firm and stable.”
The 2010 Standards:
A Whole New Ballgame
Modifies the 1991 Standards for the built environment
Adopted by the International Building Code (IBC)
Includes regulations for playgrounds, sports fields and courts, golf courses, swimming facilities, fitness facilities, boating and fishing
NOTHING in this is new…. all were published in 2000 and 2002
United States Access Board
Needed only when the sponsor is providing the equipment being used on the project or if the use of the equipment is donated. Rates are needed to determine the value of the use of the sponsor’s or donor’s equipment.
YOU MUST SUBMIT YOUR REQUEST FOR RENTAL RATES BEFORE FILING FOR REIMBURSEMENT!
IF IT’S A “PUBLIC WORKS” CONTRACT IN EXCESS OF $50,000 CONSTRUCTION BONDS ARE REQUIRED!
Small, minority-owned, and woman-owned businesses paved? should be included on solicitation lists and contacted if they are a potential source.
Contracts exceeding $20,000 must be let to Responsible Contractors licensed by the State of Alabama.
“A system for Contract Administration shall be maintained to assure contractor conformance with terms, conditions, and specifications of the contract or order, and to assure adequate and timely follow-up of all purchases.”
This clause must be added to every grant-related contract and purchase order for professional services, construction, and materials:
“By signing this contract, grant, or other agreement, the contracting parties affirm, for the duration of the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom.“
The following actions require PRIOR
APPROVAL from ADECA:
Effective 10/25/2012, this method of procurement is NOT acceptable under the LWCF and RTP programs.
Time sheets must be maintained and submitted and must contain:
THE FOLLOWING ITEMS MUST BE APPROVED IN ADVANCE FROM ADECA:
Signage used for information and direction (as long as they are related to the project), including the permanent acknowledgement sign are eligible costs. Display boards and exhibits may also be eligible for reimbursement and should have been outlined in the application.
Prior approval from ADECA must be obtained!
“A change order is a written order to the contractor signed by the owner and the architect, issued after execution of the contract, authorizing a change in the work or an adjustment in the contract sum or the contract time. The contract sum and the contract time may be changed only by change order. A change order signed by the contractor indicates his agreement therewith, including the adjustment in the contract sum or the contract time.” S. Siegfried, Introduction to Construction Law, Sec. 2.05(b), page 28 (1987).
If you’re not sure –
The property identified in this deed has been acquired an/or developed with federal financial assistance provided by the National Park Service of the U.S. Department of the Interior in accordance with the Land and Water Conservation Fund Act of 1965, as amended, 16 U.S.C. 4601-5 et seq. (1970 ed.). Pursuant to a requirement of that law, this property may not be converted to other than public outdoor recreation uses (whether by transfer, sale, or in any other manner) without the express written approval of the Secretary of the Interior. By Law, the Secretary shall approve such conversion only if he finds it to be in accord with then existing Statewide Comprehensive Outdoor Recreation Plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.
Income from sources other than the intended recreational use of land acquired or developed with LWCF/RTP assistance will be deducted from the total project costs when determining the net cost upon which the federal share will be based upon. Income that must be credited includes:
Property acquired or developed with LWCF/RTP assistance shall be operated and maintained as follows:
Preferential reservation, membership, or annual permit systems is prohibited except for reasonable differences in admission fees
Project sponsors may impose reasonable limits on the type and extent of use of areas and facilities when such a limitation is necessary for maintenance or preservation.
However, closing an entire park is generally not allowed!
(such as the sale of the property)
(such as road widening, public utilities)
STRUCTURES THAT ARE GENERALLY ALLOWABLE:
STRUCTURES THAT ARE GENERALLY NOTALLOWED:
ADECA must be consulted in either case.
Will only be approved if:
ADECA approval must be obtained prior to any change from one eligible use to another when the proposed use would significantly contravene the original plans or intent for the area as described in the original project application.
In order to determine whether properties acquired and/or developed with LWCF assistance are being retained and used for outdoor recreation purposes in accordance with the grant agreement and federal regulations, ADECA will perform a post-completion inspection at least once every 5 years, and whenever a sponsor applies for funding under either the Recreational Trails Program or LWCF.
ALL of the LWCF/RTP rules and regulations apply to the entire park area/trail specified in your application, not just the facilities built or enhanced by your grant!
If you’re not sure –